Platform terms of use

These terms of use set forth the terms and conditions (“Terms of Use”) governing Your use of the website https://www.promasch.in and its mobile application on apple app store and play store (“Platform”). The Platform along with the information, content and services it makes available (collectively referred to as the “Services“), is provided to You by Depth Infotech Private Limited, with its principal office at 184-A, Garud Apartments, Pocket-IV Mayur Vihar, Phase-I New Delhi (“DIPL” or “We” or “Us” including any grammatical variants thereof.

These Terms of Use form a legal and binding agreement between the User and Us and is made pursuant to the terms of the Information Technology Act, 2000 and is subject to the laws of India. For the purpose of these Terms of Use, wherever the context so requires “You” or “User” (including any grammatical variants thereof) shall mean any person or entity who uses the Platform and/or the Services and includes a legal person/entity (“Recipient”) whose representatives (whether authorized or not) access the Platform or avail of the Services on their behalf.

Your use of this Platform implies that You have read, understood and agreed to abide by the Terms of Use. These Terms of Use read together with Our policy available at Privacy Policy govern Your usage of the Platform. If You disagree with any part of these Terms of Use, please do not use the Platform or avail any services thereof.

These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to You.

1. GENERAL

1. 1. The Services on the Platform are available for Users and Recipients who are using PROMASCH®/INSTASITE, a cloud based software solution (including upgrades thereto) used for the on-boarding of customers/clients, vendors, and employees by organizations across the world for their internal peculiar business needs in the contracting and construction industry.
   2. If you have obtained the license to use the Platforms from DIPL and as long as you comply with the Terms, DIPL grants you a limited, non-exclusive, non-assignable, non-sub-licensable, non-transferable, revocable, terminable, fee bearing license to use the Platforms for your exclusive internal business use only.

1. 3. The User of the Platform unequivocally declares and agrees that the User is a natural / legal person who has attained the age of at least 18 years and is legally allowed to enter into a contract in India. Where the User represents to an end customer, the User understands and warrants that the end customer and User shall be bound by the terms herein.

1. 4. You may utilize the Platform in accordance with these Terms of Use. By registering for an account on the Platform (“Account”), You hereby undertake to agree and abide by the Terms of Use. If the User violates any of these Terms of Use, or otherwise violates an agreement entered into through the Platform, We reserve the right to terminate Your Account, delete Your User profile on the Platform and any content or information submitted, uploaded or posted by You on the Platform and / or prohibit You from using or accessing the Platform at any time in our sole discretion, with or without notice.

1. 5. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice. It is Your sole responsibility to review these Terms of Use periodically for any updates and/or changes. Your continued use of the Platform following the modification of these Terms of Use will be deemed as Your acceptance of the revisions.

2. ACCOUNT CREATION

1. 1. If You wish to use the Platform, You are required to register for and maintain an Account and will be required to furnish certain information and details, including Your name, email address, contact number and any other information that We may deem necessary.

1. 2. You are solely responsible for maintaining the confidentiality and security of Your Account, password, activities that occur in or through Your account and for restricting access to Your Device to prevent unauthorized access to Your Account. You agree to accept responsibility for all activities that occur under Your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.

1. 3. Please ensure that the details You provide Us are true, correct, accurate and complete. Upon Our gaining knowledge of or having any reasonable suspicion that the information provided by You is inaccurate or incorrect, or in the event We have reasons to believe You are in breach of these Terms of Use, We may immediately suspend or terminate Your account without any notice to You in this regard at Our sole discretion.

1. 4. In the event of any changes to the information shared by You at the time of registering Yourself on the Platform, You shall be responsible for forthwith notifying the said changes to Us. You can access and update most of the information You provided Us on the Platform or by writing to Us atinfo@promasch.in

1. 5. You shall, at all times, abide by the Terms of Use stated herein and any breach of the same may also lead to Us terminating Your account and appropriate civil and criminal remedies will be sought against You as provided under the laws of India.

1. 6. By submitting a request to register Yourself on the Platform and for the creation of Your Account, You hereby consent to receive communication from Us in the form of e-mails, SMSs, push notifications and/or promotional calls, notwithstanding Your registration with and/or preferences selected under the National Do Not Call Registry or the DL-Preferences, established by the Telecom Regulatory Authority of India.

3. LICENSE AND ACCESS

1. 1. We grant You a limited license to access and use the Platform for availing the Services, but not to download any material from it or modify it, or any portion of it, except with Our express written consent. Any unauthorized access to the Platform or any networks, servers or computer systems connected to the Platform and any attempt to modify, adapt, translate or reverse engineer any part of the Platform or re-format or frame any portion of the pages of the Platform is not permitted.

1. 2. You are solely responsible for the use of the Platforms. By using the Platforms you acknowledge that your use of the Platforms is solely at your own risk. Use of the Platforms or any other downloadable software components provided by Us is subject to the Terms and the Enterprise License Agreement executed with your organization

1. 3. If you have obtained the license to use the Platforms/Services from Us and as long as you comply with the Terms, We grants you a limited, non-exclusive, non-assignable, non-sub-licensable, non-transferable, revocable, terminable, fee bearing license to use the Platforms/Services for your exclusive internal business use only.

1. 4. This license is non-transferable and does not permit any resale or commercial use of this Platform or its contents; any downloading or copying of account information for the benefit of anyone other than Your authorized use; or any use of data mining, robots, or similar data gathering and extraction tools.

1. 5. This Platform or any portion of this Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without Our express written consent. Any unauthorized use of the Platform shall terminate the permission or revoke the license granted to You by Us.

1. 6. In addition to other prohibitions as set forth in the Terms of Use, You are prohibited from using the Platform or the Services, whether directly or indirectly (collectively, the “Prohibited Uses”):

1. for any unlawful purpose;
2. to solicit others to perform or participate in any unlawful acts;
3. to violate any applicable regulations, rules, laws, or local ordinances;
4. to infringe upon or violate Our intellectual property rights or the intellectual property rights of others;
5. to harass, abuse, insult, harm, defame, slander, disparage or intimidate any person, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
6. to submit false or misleading information;
7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet;
8. to collect or track the personal information of others;
9. to spam, phish or pharm;
10. harvest or collect any information available on the Platform including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
11. for any obscene or immoral purpose;
12. to interfere with or circumvent the security features of the Platform or any related website, other websites, or the Internet; or
13. to allow or permit any third-party to collect any data, information or User Content from the Platform or the Services. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platforms or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platforms or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platforms. We reserve our right to bar any such activity.
14. You shall not attempt to gain unauthorized access to any portion or feature of the Platforms, or any other systems or networks connected to the Platforms or to any server, computer, network, or to any of the services offered on or through the Platforms, by hacking, password “mining” or any other illegitimate means.
15. You shall not probe, scan or test the vulnerability of the Platforms or any network connected to the Platforms nor breach the security or authentication measures on the Platforms or any network connected to the Platforms. You may not reverse lookup, trace or seek to trace any information of any other User or visitor to the Platforms, or any other customer, including any account on the Platforms not owned by You, to its source, or exploit the Platforms or any service or information made available or offered by or through the Platforms, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platforms.
16. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platforms or any transaction being conducted on the Platforms, or with any other person’s use of the Platforms.
17. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Platforms or any service offered on or through the Platforms. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
18. You may not use the Platforms or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of DIPL and / or others.

We reserve the right to terminate Your use of the Service, Platform or any related website if We discover You to be using the Service, Platform or any related website for Prohibited Uses.

4. SERVICES

1. 1. Products and Services through the Platforms;

1. 2. Informational Services;

1. 3. You may use the Services to access the information posted by Us on the Platform. The information provided by Us on the Platform is on as “AS IS” basis without warranty of any kind, either express or implied, including but not limited to the warranties of title, merchantability, satisfactory quality, non-infringement of third party intellectual property rights and freedom from computer virus as well as fitness for a particular purpose, and any reliance on the same shall be at Your sole risk. You understand the Platform is merely a technology platform and that We shall not be responsible for the correctness of the information provided by You or any third party on the Platform.

1. 4. You may use the application on one or more device(s) as authorized by and in the manner permitted by Us (“Licensed Device(s)”) and You will not violate any of the terms specified under the Terms or any other applicable policy and the Enterprise License Agreement, if the Platform is used on the Licensed Device(s) as per the terms of this Terms of Use.

1. 5. When installed on your system(s) and/or the Licensed Devices, the application periodically communicates with our servers or other third party servers used by Us. We may update the application on Your system(s) and/or the Licensed Devices when a new version is released or when new features are added. These updates occur automatically and We also reserve the right to add features or functions to the Platform. Notwithstanding the above, We have no obligation to make available to You any subsequent versions or new features of the application.

1. 6. You acknowledge and agree that any use by you of any content submitted on the Platform is entirely at your own risk. We shall not bear any liability in connection with any use of any content made available on the Platform, through the Services or any related website, or any infringement of any rights arising in connection therewith, and you hereby release Us from any and all claims in connection therewith. We do not in any way endorse or support the views or ideas expressed in any submitted content.

1. 7. If You submit any information or other content through the Platform (“User Content”) on the Platform, You represent, warrant, covenant and undertake to Us that You have all requisite rights, permissions, and/or consents necessary to post such User Content and that we may use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute (including, without limitation, making available on-line, electronically transmitting or otherwise communicating to the public), perform, and display such User Content (in whole or part) worldwide via the Platform. While We are not obligated to do so, We have the right to examine User Content before or after its publication, prevent publication of inappropriate, erroneous or otherwise inadequate User Content, or remove any User Content after its publication

1. 8. We may, either partially or in its entirety, and without any obligation to provide You prior notice, add to, modify, or cease providing the Services (including, for the avoidance of doubt, any part of the Service’s features, and the extent and availability of any content that may be accessible via the Platform). You will have no, and You hereby waive all, claims against Us related to or otherwise arising out of any such additions, modifications, or eliminations. We may withdraw Services or a portion thereof if required by a regulatory authority or where such withdrawal is required as per modifications to applicable laws. Additional services may be subject to additional terms and conditions, and You are required to read and accept the same prior to accessing or using such additional services.

5. MONITORING OF THE PLATFORM AND YOUR ACCOUNT

1. 1. We have the right and liberty to monitor the content of the Platform at all times which shall include information provided in Your account. The monitoring of the Platform is important to determine the veracity of the information provided by You and that every User remains in consonance with the Terms of Use provided herein. Subject to the Terms of Use mentioned herein We shall also have the liberty to remove any objectionable content which is in contravention of the Terms of Use herein or share such information with any governmental authority as per procedures laid down by the law for the time being in force in India.

6. SERVICE SUSPENSION

1. 1. We may wish to stop providing the Services in our sole discretion and may terminate Your use of the Platform at any time without giving notice of termination to You. Unless We inform the User otherwise, upon any termination, (a) the rights and licenses granted to You in these Terms of Use will end; and (b) You must stop using the Platform immediately. We reserve the right to suspend or cease providing any Service and shall have no liability or responsibility to the User in any manner whatsoever if it chooses to do so.

7. INTELLECTUAL PROPERTY

1. 1. All content included in or made available through the Platform such as text, graphics, logos, button icons, images, and software is Our intellectual property or is licensed to Us by third parties. Using Our Platform does not give You ownership of any intellectual property rights in Our Platform or the content that You access. You may not use content from Our Platform unless You obtain our express written permission from Us or the content’s owner, as the case may be, or are otherwise permitted by law. These terms do not grant You the right to use any intellectual property, including trade marks, brand names, branding or logos used in Our Platform. You must not remove, obscure or alter any legal notices displayed in or along with Our Platform.

1. 2. You acknowledge and agree that all the rights, title and interests on the Platform and all the Intellectual Property Rights therein are solely and absolutely owned by DIPL and shall continue to vest with DIPL during the use of the Platform by You as per the terms and conditions of this Terms of Use.

1. 3. Nothing in this Terms of Use provides You with any right, title and interests of license, assignment or ownership in the Platform or the Intellectual Property Rights therein, other than as specified expressly under this Terms of Use and DIPL reserves all rights not expressly granted to You under these Terms of Use.

1. 4. For the purposes of these Terms of Use “Intellectual Property Rights” shall mean all design rights, utility models, patents, inventions, service marks, logos, business names, trademarks (whether registered or unregistered), internet domain names, applications for any of the foregoing, copyright, moral rights, rights in databases, data, source codes, object codes, reports, drawings, specifications, know-how, trade secrets, confidential information, software designs and/or other materials, rights in the nature of unfair competition and the right to sue for passing off and any other rights equivalent to any of the foregoing in any jurisdiction worldwide and any application for registration of the foregoing.

1. 5. The Platform may be offered to You along with other third party software applications. Any such third party application is owned or licensed by a third party and these Terms of Use does not apply to Your use of such other third party application. You expressly agree to be bound by the terms of such third party licensed software’s, the terms whereof are expressly deemed to be included herein and you agree to abide by the same.

8. PRIVACY

We will handle all information that We collect from You in accordance with Our Privacy Policy.

9. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

1. 1. Notwithstanding anything to the contrary contained under these Terms of Use, neither Us nor Our affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any liability to You or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to Your use of the Platform/Service or from these Terms of Use. To the maximum extent permitted by law, You waive, release and discharge Us and Our affiliated and subsidiary companies, and each of Our directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of Your use of the Platform.

1. 2. We make no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Platform or that the operation of the Platform will be error free and/or uninterrupted or that the error will be rectified. The Services are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind as to the Products and/or the Services and all information, Products and other content (including that of third parties) included in or accessible from the Services, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose. Consequently, We assume no liability whatsoever for any monetary or other damage suffered by You on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform; and/or any interruption or errors in the operation of the Platform or any delays or failures in provision of any Services.

1. 3. The Platform is intended to be a feature of convenience for the User, and the content and information provided therein are indicative in nature. The User should not rely on such information for emergency purposes, and We shall have no liability for any damage suffered by the User resulting from the User’s reliance on such information and content.

1. 4. We make no warranties that:

1. the Platform or the Services will meet Your requirements;
2. the results that may be obtained from the use of the Services will be accurate or reliable,
3. the quality of any services, information, or other material obtained by You through the Platform will meet Your expectations.
4. This limitation of liability clause shall prevail over any conflicting or inconsistent provision contained in any of the documents / content comprising this Terms of Use. It is up to You to take precautions to ensure that whatever You select for Your use is free of malicious code such as viruses, worms, malware, trojans and other items of a destructive nature.

10. INDEMNITY

1. 1. You agree to indemnify, save, and hold Us, Our affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, demands, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to the User Content provided by You and/or Your use or misuse of the Services or Platform and/or any violation by You of these Terms of Use, or any breach of the representations, warranties, and covenants made by You herein or Your infringement of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material / User Content posted/ transmitted by You on / through the Platform or any claims made by a third-party against Us arising out of Your acts or omissions. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, including the rights to settle, and You agree to cooperate with Our defense and settlement of these claims. We will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Terms of Use.

1. 2. To the fullest extent permissible under applicable law, the Platform is provided to you “as is” with all faults, without warranty of any kind, without performance assurances, or guarantees of any kind, and your use is at your sole risk. the entire risk of satisfactory quality and performance resides with you. We do not make, and hereby disclaim any and all express, implied, statutory warranties, including implied warranties of condition, uninterrupted use, merchantability, satisfatory quality, fitness for purpose, non infringement of third party rights and warranties (if any). We do not make any warranties or representations regarding the use of the materials in the application of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

1. 3. You must assume the entire risk of using the Platforms. To the maximum extent permitted by applicable law, in no event shall We be liable to You for any personal injury, special, incidental, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Platform or the provision of or the failure to provide support services, even if you have been advised of the possibility of such damages. In any case, Our entire liability under any provision of these Terms of Use shall be limited to an amount of INR 1000.00 in aggregate. This limitation will apply even in the event of a fundamental or material breach or a breach of the fundamental or material terms of the Terms.

11. SEVERABILITY

1. 1. If any provision of these Terms of Use is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

12. ASSIGNMENT

1. 1. We may assign, transfer, and subcontract Our rights and/or obligations under these Terms of Use without any notification or consent required. However, You shall not be permitted to assign, transfer, or subcontract any of Your rights and/or obligations under these Terms of Use.

13. GOVERNING LAW & JURISDICTION

13.1 These Terms of Use will be governed by and construed in accordance with the laws of, India and You irrevocably and unconditionally submit, to the exclusive jurisdiction of the courts at New Delhi, and any appellate court thereof, in any action or proceeding arising out of these Terms of Use and use of the Platforms. You hereby irrevocably waive, to the fullest extent permitted by law, the defence of an inconvenient forum to the maintenance of such action or proceeding at courts at New Delhi.

14. GRIEVANCE OFFICER

In case of any grievance arising from the use of the Platforms, please contact the Grievance Officer, the details of which are set forth below-

Grievance Officer: Name: Anusha Nanda

e-mail id: anusha.nanda@promasch.in